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Inspections and shutdowns of businesses will not contribute to the reform of the state environmental control

09/ 09/ 2020
  On September 9, the Verkhovna Rada Committee on Environmental Policy and Nature Management will consider a number of draft laws aimed at reforming the system of state environmental control, namely the draft laws №3091, №3091-1, and №3417. Thus, these documents propose the following contradictory provisions: eliminating the need to obtain approval from the central executive authority for the inspection, expanding the list of grounds for unscheduled inspections, carrying out unscheduled inspections on weekends, non-working days, holidays and/or at night, with the participation of witnesses and in the absence of the head of the enterprise, giving the supervisory authority the power to suspend the activities of the enterprise or temporarily suspend its equipment, seizing the property of enterprises without the court decision, restoring the necessity for maritime companies to coordinate with the state environmental control authority for cargo transshipment technologies, granting the functions of the State Service of Maritime and River Transport of Ukraine to the State Environmental Inspectorate of Ukraine, granting the status of a law enforcement body to the State Environmental Inspectorate of Ukraine.  Such proposals, if adopted, will increase corruption risks, create additional burdens on business and negatively affect the business climate as a whole. At the same time, the main task of the reform is to reduce the anthropogenic impact on the environment, which will not be achieved.  That is why the European Business Association does not support the draft laws №3417 and №3091-1 and asks for their rejection. Instead, the EBA experts declare their readiness to revise the text of the draft law №3091, considering the following 6 critical provisions for the business: 1. Provide a clear division of functions and powers between regulatory authorities to avoid duplication of functions. 2. Establish a clear algorithm, deadlines for inspections and re-inspections, considering the European experience. 3. Increase the level of qualification and motivation of the representatives of the controlling authority and the responsibility for their actions. 4. Leave the right to companies to appeal the decision of the supervisory authority. 5. Regulate more clearly the concept of raid inspections as a new form of unscheduled control measures. 6. Review the validity of the new fines. The proposals of the EBA members were sent in separate letters and voiced during the first meeting of the working group on the reform of the state environmental control, which took place on August 18 under the chairmanship of Mr. Roman Shakhmatenko, Deputy Minister of Environment and Natural Resources of Ukraine. We hope that all recommendations and comments will be taken into account and that the state environmental control system will finally work effectively in Ukraine.   Be the first to learn about the latest EBA news with our Telegram-channel – EBAUkraine.

On September 9, the Verkhovna Rada Committee on Environmental Policy and Nature Management will consider a number of draft laws aimed at reforming the system of state environmental control, namely the draft laws №3091, №3091-1, and №3417.

Thus, these documents propose the following contradictory provisions:

  • eliminating the need to obtain approval from the central executive authority for the inspection,
  • expanding the list of grounds for unscheduled inspections,
  • carrying out unscheduled inspections on weekends, non-working days, holidays and/or at night, with the participation of witnesses and in the absence of the head of the enterprise,
  • giving the supervisory authority the power to suspend the activities of the enterprise or temporarily suspend its equipment,
  • seizing the property of enterprises without the court decision,
  • restoring the necessity for maritime companies to coordinate with the state environmental control authority for cargo transshipment technologies,
  • granting the functions of the State Service of Maritime and River Transport of Ukraine to the State Environmental Inspectorate of Ukraine,
  • granting the status of a law enforcement body to the State Environmental Inspectorate of Ukraine.

 Such proposals, if adopted, will increase corruption risks, create additional burdens on business and negatively affect the business climate as a whole. At the same time, the main task of the reform is to reduce the anthropogenic impact on the environment, which will not be achieved.

 That is why the European Business Association does not support the draft laws №3417 and №3091-1 and asks for their rejection. Instead, the EBA experts declare their readiness to revise the text of the draft law №3091, considering the following 6 critical provisions for the business:

1. Provide a clear division of functions and powers between regulatory authorities to avoid duplication of functions.

2. Establish a clear algorithm, deadlines for inspections and re-inspections, considering the European experience.

3. Increase the level of qualification and motivation of the representatives of the controlling authority and the responsibility for their actions.

4. Leave the right to companies to appeal the decision of the supervisory authority.

5. Regulate more clearly the concept of raid inspections as a new form of unscheduled control measures.

6. Review the validity of the new fines.

The proposals of the EBA members were sent in separate letters and voiced during the first meeting of the working group on the reform of the state environmental control, which took place on August 18 under the chairmanship of Mr. Roman Shakhmatenko, Deputy Minister of Environment and Natural Resources of Ukraine. We hope that all recommendations and comments will be taken into account and that the state environmental control system will finally work effectively in Ukraine.

 

Be the first to learn about the latest EBA news with our Telegram-channel EBAUkraine.

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